RAJU CHEETA Vs. DISTRICT COLLECTOR AND ORS.
LAWS(RAJ)-2015-3-4
HIGH COURT OF RAJASTHAN
Decided on March 04,2015

Raju Cheeta Appellant
VERSUS
District Collector and Ors. Respondents

JUDGEMENT

Sangeet Lodha, J. - (1.) THIS writ petition is directed against order dated 19.11.14 of the District Collector, Bhilwara, whereby the revision petition preferred by the respondent No. 2 herein, assailing the validity of patta of the disputed land, issued by the Gram Panchayat, Arazia in favour of the petitioner has been allowed and consequently, the patta issued in favour of the petitioner, stands cancelled.
(2.) PRECISELY , the facts of the case are that the petitioner made an application to the Sarpanch, Gram Panchayat, Arazia for issuing the patta of the land alleged to be in his possession, used as 'bara' for tying the cattle and storing the cattle food. It is averred that after following the procedure laid down, the Gram Panchayat its meeting held on 4.11.96 resolved to issue patta of the land in question in favour of the petitioner, who deposited the cost of the land a sum of Rs. 1302/ - on 31.3.97 and accordingly, patta was issued in his favour. It appears that in the meeting of the Gram Panchayat held on 20.1.14, a resolution was adopted to renew the patta issued in favour of the petitioner and get it registered. At this stage, after a lapse of about 17 years, the respondent preferred a revision petition under Section 97 of the Rajasthan Panchayati Raj Act, 1994, questioning the legality of the patta of the plot in question issued in favour of the petitioner, without following the procedure laid down and realising the market value thereof.
(3.) THE revisional authority arrived at the finding that the patta issued in favour of the petitioner at the meagre price of 20 paise per sq. feet, de hors the provisions of Rajasthan Panchayati Raj Rules, 1996 (for short "the Rules of 1996") is not sustainable in the eyes of law. Accordingly, the patta issued has been cancelled.;


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